If you have recently applied to sponsor your family members through a family class sponsorship, or if you are planning on doing so, new IRCC measures may apply to you and your family.

Those with a Canadian spouse, common-law partner, or parent, may be eligible to apply for permanent residence in Canada through an in-Canada spouse or common-law partner sponsorship, or through a family class sponsorship. The former, an ‘In-Canada’ spouse or common-law partner sponsorship, is available to those residing inside of Canada, while the latter, a ‘family class’ sponsorship, is available to those either inside or outside of Canada. Often, applicants for permanent residence through a family class sponsorship (‘family class applicants’) are outside of Canada at the time of submitting the application, as well as during the processing of the application while awaiting a final decision on the application.

In the past, family class applicants have typically had a hard time obtaining visitor visas to visit their family members in Canada while awaiting a final decision on the permanent residence application. This is due to Immigration regulations which require that visitor visa applicants show an intention to leave Canada at the end of their visit. This requirement can be difficult to prove by those who have applied for permanent residence in Canada and have displayed a long-term intention to remain in Canada with their family members. This has unfortunately led to prolonged family separation while awaiting the processing of the permanent residence application.

Immigration, Refugees and Citizenship Canada (‘IRCC’) has recently announced in May 2023 that they have set up measures to try and address this issue, and to ensure that a higher volume of visitor visa applications are accepted for those who have submitted family class sponsorship applications. In particular, they have indicated that most of these visitor visa applications will be processed within 30 days, and that applicants will “benefit from processing measures specific to their circumstances as spouses and dependents.”[1] Using these new tools, IRCC indicated that they have seen an acceptance rate of over 93% of applications[2].

The announcement indicated that artificial intelligence is being used to identify those visitor visa applicants who have a pending permanent residence application, and who have a high likelihood of approval on the permanent residence application. The Minister of Immigration, Refugees and Citizenship Canada indicated that while artificial intelligence is used in the process, all final decisions are made by individuals working for the department of Immigration, Refugees and Citizenship Canada[3].

IRCC has also announced a new open work permit available to family class applicants inside Canada. Therefore, those who are waiting for the processing of their permanent residence applications and are able to come to Canada as visitors, can – once in Canada – apply for open work permits which will allow them to work in Canada while awaiting a final decision on their permanent residence application[4]. To qualify for the work permit, the applicant must be residing at the same residential address as their sponsor in Canada, and must have valid temporary resident status in Canada or be eligible for restoration of status[5].

For more information about whether you may qualify for a visitor visa or open work permit, you may wish to review the relevant IRCC policies cited below, or consult with an immigration lawyer who can provide you with advice based on your situation.